Md. Code Regs. 07.03.17.59

Current through Register Vol. 51, No. 22, November 1, 2024

Section 07.03.17.59 - Meal Providers for the Homeless

A. Approval and Authorization of Homeless Meal Providers.

(1) To accept Program benefits in payment for meals, the homeless meal provider shall be approved by the local department and authorized by the United States Department of Agriculture, Food and Nutrition Service (FNS).

(2) The local department shall approve in writing the establishment or shelter as a homeless meal provider upon evidence that the establishment or shelter serves meals to homeless individuals.

(3) An approved homeless meal provider shall apply to the FNS local field office for authorization as a retail food store in order to accept Program benefits from homeless individuals. The requirements for approval are as follows:

(a) Provide to the FNS the written approval received from the local department;

(b) Be a public or private nonprofit organization as defined by the Internal Revenue Code;

(c) Serve meals which include food purchased by the meal provider; and

(d) Provide all data on the nature and scope of operations that may be requested by the FNS.

B. In this regulation, average cost is determined by averaging food costs over a period of up to 1 calendar month.

C. After receipt of the FNS authorization, the authorized homeless meal provider shall:

(1) Request only voluntary use of Program benefits from a homeless FSP patron;

(2) Establish that the FSP patron is homeless and thus has the right to purchase meals from an authorized homeless meal provider with Program benefits;

(3) Limit the payment requested for the meal to not exceed the average cost of the food purchased by the homeless meal provider; and

(4) Provide the option to a FSP patron to eat free or make a donation in cash or Program benefits if other patrons have the option of eating free or making a monetary donation.

D. The meal provider may accept voluntary payments by Program recipients in excess of average cost.

E. Exclusion of Costs. To determine the amount to be requested from the Program recipient, the meal provider may not consider:

(1) The value of donated food from any source; or

(2) Indirect costs, such as those incurred in the acquisition, storage, or preparation of the food used in meals.

F. A homeless meal provider may not act as an authorized representative for a homeless Program recipient.

Md. Code Regs. 07.03.17.59

Regulations .59 adopted effective December 25, 2000 (27:25 Md. R. 2280)